OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION NUCLEAR REGULATORY COMMISSION January 25, 2016

OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION III
2443 WARRENVILLE RD. SUITE 210
LISLE, IL 60532-4352
January 25, 2016
EA-15-222
Mr. Brian Boles
Site Vice President
FirstEnergy Nuclear Operating Co.
Davis-Besse Nuclear Power Station
5501 N. State Rte. 2, Mail Stop A–DB–3080
Oak Harbor, OH 43449–9760
SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED
GREATER THAN GREEN FINDING, NOTICE OF VIOLATION AND
ASSESSMENT FOLLOW-UP LETTER; NRC SECURITY INSPECTION REPORT
NO. 05000346/2015409; DAVIS-BESSE NUCLEAR POWER STATION
Dear Mr. Boles:
This letter provides the final results of our significance determination of the preliminary Greater
than Green finding identified in our previous communication dated November 12, 2015, which
included U.S. Nuclear Regulatory Commission (NRC) Inspection Report
No. 05000346/2015408. This Greater than Green finding was discussed in detail in
Section 4OA5.1 of inspection report 05000346/2015408.
In a telephone conversation with Mr. Joseph Maynen of NRC, Region III, on
November 20, 2015, Patrick McCloskey, Manager, Regulatory Compliance of your staff
indicated that FirstEnergy Nuclear Operating Company (FENOC) did not contest the
characterization of the risk significance of this finding and that you declined your opportunity to
discuss this issue in a Regulatory Conference or to provide a written response. This was
confirmed via your letter dated, November 20, 2015. This letter also acknowledged that FENOC
was relinquishing its right to appeal the final significance determination for this finding.
After considering the information developed during the inspection, the NRC has concluded that
the finding is appropriately characterized Greater than Green, a finding of more than low
security significance.
According to NRC Inspection Manual Chapter (IMC) 0609, appeal rights only apply to those
licensees that have either attended a regulatory conference or submitted a written response to
the preliminary determination letter. As stated above, FENOC declined the opportunity to
discuss the issue in a Regulatory Conference or to provide a written response. Therefore, the
NRC has concluded that FENOC gave up its right to appeal the finding.
The enclosure contains Sensitive
Unclassified Non-Safeguards
Information. Upon separation, this
cover letter is decontrolled.
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
B. Boles
-2-
The NRC has also determined that the finding resulted in a violation of security related
requirements and is cited in the attached Notice of Violation (Notice). The circumstances
surrounding the violation were described in detail in NRC Inspection Report 05000346/2015408.
In accordance with the NRC Enforcement Policy, the Notice is considered escalated
enforcement action because it is associated with a Greater than Green finding.
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notice when preparing your response. If you have additional information that you
believe the NRC should consider, you may provide it in your response to the Notice. The NRC
review of your response to the Notice will also determine whether further enforcement action is
necessary to ensure compliance with regulatory requirements.
Because plant performance for this issue has been determined to be beyond the licensee
response band, we have used the NRC’s Action Matrix to determine the most appropriate NRC
response for this event. Our assessment has determined that as of the fourth quarter of 2015
Davis-Besse Nuclear Power Station will be placed on the Regulatory Response Column
(Column 2). As a result, a supplemental inspection in accordance with inspection
procedure 95001, “Supplemental Inspection for One or Two White Inputs in a Strategic
Performance Area” will be performed at your site. The intent of the supplemental inspection is
to provide assurance that the root causes and contributing causes of significant performance
issues are understood, the extent of condition is identified, and the corrective actions will
prevent recurrence. Please notify us in writing when you are ready for that inspection.
In accordance with Title 10 of the Code of Federal Regulations (CFR) 2.390 of the NRC's “Rules
of Practice,” a copy of this letter will be made available electronically for public inspection in the
NRC Public Document Room or from the NRC’s Agencywide Documents Access and
Management System (ADAMS), accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html. However, the material enclosed herewith contains
Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to
unauthorized individuals could present a security vulnerability. Therefore, the material in the
enclosure will not be made available electronically for public inspection in the NRC Public
Document Room or in the NRC's Agencywide Documents Access and Management System
(ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
B. Boles
-3-
If Security Related Information is necessary to provide an acceptable response, please mark
your entire response Security-Related Information in accordance with 10 CFR 2.390(d)(1) and
follow the instructions for withholding in 10 CFR 2.390(b)(1). In accordance with
10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.
Sincerely,
/RA/
Cynthia D. Pederson
Regional Administrator
Docket No. 50-346
License No. NPF-3
Enclosure:
Notice of Violation (non-public)
cc w/ encl: M. Bear, State Liaison Officer,
Ohio Emergency Management Agency
cc w/o encl: Distribution via ListServ®
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
B. Boles
-3-
If Security Related Information is necessary to provide an acceptable response, please mark
your entire response Security-Related Information in accordance with 10 CFR 2.390(d)(1) and
follow the instructions for withholding in 10 CFR 2.390(b)(1). In accordance with
10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.
Sincerely,
/RA/
Cynthia D. Pederson
Regional Administrator
Docket No. 50-346
License No. NPF-3
Enclosure:
Notice of Violation (non-public)
cc w/ encl: M. Bear, State Liaison Officer,
Ohio Emergency Management Agency
cc w/o encl: Distribution via LISTSERV®
FILE NAME: EA-15-222 Davis-Besse Final Action
OFFICE RIII
RIII
RIII
RIII
NAME
Corujo-Sandin Orth
DATE
12/30/15
Cameron by O’Brien
Bartlett
01/06/16 01/06/16
01/06/16
D:NSIR
D:OE
RIII
Holian1
Holahan2 Skokowski
Letourneau Furst for
for
Pederson
01/14/16
01/25/16
01/19/16
01/21/16
OFFICIAL RECORD COPY
1
RIII
NSIR concurrence provided by e-mail from A. Letourneau dated 01/14/16
concurrence provided by e-mail from D. Furst dated 01/19/16
2 OE
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION
Letter to Brian Boles from Cynthia D. Pederson dated January 25, 2016
SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED
GREATER THAN GREEN FINDING, NOTICE OF VIOLATION AND
ASSESSMENT FOLLOW-UP LETTER; NRC SECURITY INSPECTION REPORT
NO. 05000346/2015409; DAVIS-BESSE NUCLEAR POWER STATION
DISTRIBUTION:
N. Simonian, NSIR/DSO/DDSO/ST
E. Wharton, NSIR
R. McKinley, RI
B. Desai, RII
C. Pederson, RIII
D. Roberts, RIII
M. Haire, RIV
Nick Hilton
David Furst
Marvin Itzkowitz
Catherine Scott
Bill Dean
Jeremy Bowen
Brian Holian
Robert Lewis
Shyrl Coker
Niry Simonian
Caroline Evans
Heather Gepford
Holly Harrington
Hubert Bell
Cheryl McCrary
Mona Williams
RidsNrrPMDabisBesse Resource
RidsNrrDorlLpl3-2 Resource
RidsNrrDirsIrib Resource
Steven Orth
Allan Barker
Harral Logaras
Viktoria Mitlyng
Prema Chandrathil
Paul Pelke
Magdalena Gryglak
Sarah Bahksh
Carole Ariano
Linda Linn
DRPIII
DRSIII
OEWEB Resource (cover letter only)
[email protected] (cover
letter only
DISTRIBUTION w/o encl:
OEWEB Resource
ROPassessment.Resource
OFFICIAL USE ONLY – SECURITY-RELATED INFORMATION